Page:Ruffhead - The Statutes at Large - vol 5.djvu/606

560 [568] secured to be paid : And whereas it may be just and reasonable, that the Curers and Proprietors of all such Fish, actually and really in Hand on the said twenty-fourth Day of June one thousand seven hundred and nineteen, legally and duly cured with foreign Salt, according to the several Acts of Parliament in that Behalf, the Duties of which Salt were either paid or secured to be paid, should be paid the same Allowances, and in the same Manner as if exported on or before the said twenty-fourth Day of June one thousand seven hundred and nineteen ;' Be it enacted and declared by the Authority aforesaid, That the Barons of his Majesty's Court of Exchequer in Scotland, upon receiving a s}atisfactory Proof of what Quantities of Salmon and Codfish were actually and really in Hand on the said twenty-fourth Day of June one thousand seven hundred and nineteen, duly cured with foreign Salt, and legally exported, the Duties whereof have been either paid or are secured to be paid, shall and may order and direct the proper Officers to make out Debentures to the Proprietors or Curers of such Fish, certifying the Allowances for the Fish contained in such Debentures to be the same as were payable before the said twenty-fourth Day of June one thousand seven hundred and nineteen, and to be paid in the same Manner.

XLIII. And whereas by an Act passed in the sixth" Year of his Majesty's Reign, intituled, An Act for the better securing certain Powers and Privileges intended to be granted by his Majesty by two Charters for Assurance of Ships and Merchandizes at Sea, and for lending Money on Bottomry ; and for resraining several extravagant and unwarrantable Practices therein mentioned, his Majesty was enabled to erect two distinct   Corporations for AITurance of Ships, Goods and Merchandizes at Sea or going to Sea, and for other Purposes therein mentioned : And whereas his Majesty hath been graciously pleated pursuant to the said Act, to erect two distinct Corporations for the Purposes aforesaid, one by the Name and Title of The Royal Exchange Assurance, and the other by the Name and Title of The London Assurance ; and whereas the said Corporations, in Pursuance of the said Act, and the Ends and Purposes for which they were so incorporated, have, from Time to Time, as Occasion hath required, entred into and executed great Numbers of Policies of Assurance for the alluring of Ships and Goods and Merchandizes, at Sea or going to Sea, and still continue so to do; but by Reason of their being Bodies Corporate, such Policies of Assurance could not be entred into by their subscribing of the same, as is the constant Usage for private Insurers to do, but the respective Common Seals of the said Corporations are set to such Policies of Assurance, and by Means thereof, the Manner of Proceeding and Pleadings in any Suit or Action to be commenced upon such Policy of Assurance under the respective Common Seals of the said Corporations are different from the Proceedings and Pleadings in Actions and Suits commenced upon Policies of Assurance entred into by private Insurers, or Persons not incorporated in Manner as aforesaid; and by reason of the Necessity of pleading specially in such Cases, the whole Merit of the Case in question cannot often times come into Consideration, and the Jury, by the Rules of Law, are often obliged to find a Verdict for the whole Sum of Money assured, though it be never so apparent, that in Justice only a small Part thereof is due to the assured by such Policies of Assurance; and the said Corporations are thereby forced to seek Relief in Courts of Equity, when the Matter in question might be as well determined at once by a Jury, as it is done in the Case of private Insurers or Persons not incorporated ;  For Remedy whereof, Be it enacted by the Authority aforesaid, That from and after the twenty-fourth Day of June one thousand seven hundred and twenty-five, on all Actions of Debt to be sued or commenced against either of the said Corporations, upon any Policies of Assurance under the Common Seal of such Corporation for the assuring of any Ship or Ships, Goods or Merchandizes at Sea or going to Sea, it shall or may be lawful to and for the said respective Corporations, in such Action or Suit, to plead generally, that they owe nothing to the Plaintiff or Plaintiffs in such Suit or Action; and that in all Actions of Covenant, which shall be sued or commenced against either of the said Corporations upon any such Policy of Assurance under the Common Seal of such Corporation for the assuring any Ship or Ships, Goods or Merchandizes, at Sea or going to Sea, it shall and may be lawful for the said respective Corporations, in such Action or Suit, to plead generally, that they have not broke the Covenants in such Policy contained, or any of them ; and if thereupon Issue shall be joined, it shall and may be lawful for the Jury, if they shall see Cause upon the Trial of such Issue, to find a Verdict for the Plaintiff or Plaintiffs in such Suit or Action, and to give so much or such Part only of the Sum demanded if it be an Action of Debt, or so much Damage if it be an Action of Covenant, as it shall appear to them upon the Evidence given upon such Trial, such Plaintiff or Plaintiffs ought in Justice to have, or is or are intitled unto; any Law or Custom to the contrary notwithstanding.

XLIV. And whereas several Persons have of late endeavoured to evade the Payment of the Stamp-Duties on Policies of Assurance or Insurance, by giving Promissary Notes instead of Policies for the insuring Goods, Ships or Merchandizes at Sea, by which Notes the Insurer notifies or expresses the Terms on which he would insure, to the great Detriment and Loss of his Majesty's Revenue ;

Be it therefore enacted by the Authority asoresaid, That when any Vessel, Goods or Merchandizes shall be insured, a Policy duly stamped shall be issued, or at least made out within the Space of three Days at furthest, and the Insurer or Insurers neglecting to make out such a Policy or Policies within the Time aforesaid, shall forfeit the Sum of one hundred Pounds for every such Offence, to be sued for and recovered, and divided in the same Way and Manner, as other Penalties and Forfeitures may be sued for, recovered and divided by the Laws relating to the Stamp-Duties ; and all Promissary Notes for Assurances or Insurances of Ships, Goods or Merchandizes at Sea or going to Sea, are hereby declared void, and nothing shall be recovered thereon by the insured. Anno